USE, ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY, AND WAIVER OF CERTAIN LEGAL RIGHTS

PLEASE READ CAREFULLY BEFORE SIGNING

THIS AGREEMENT IS ENTERED INTO AND EFFECTIVE THE DATE OF SUBMISSION (EFFECTIVE DATE) BETWEEN FISH WITH IKE LTD. (FWI) WITH ITS PRINCIPAL OFFICES AT 27140 SUNSET LN, STEAMBOAT, CO 80487. IN CONSIDERATION FOR MY BEING PERMITTED TO PARTICIPATE IN GUIDED FISHING WITH FWI, I ASSUME THE RISK OF PERSONAL INJURY AND PROPERTY DAMAGE ASSOCIATED WITH THIS ACTIVITY, AND TO RELEASE FWI FROM ANY AND ALL LIABILITY IN CONNECTION WITH PARTICIPATION IN THE ACTIVITY OF GUIDED FISHING. PLEASE READ CAREFULLY BEFORE SIGNING. 

I agree to the following Waiver and Release: I am aware that I am being GUIDED by a Guide, contracted or employed by FWI. I acknowledge that fishing involves inherent risks, hazards and dangers associated with all outdoor activities in backcountry, wilderness and mountainous areas that cannot be eliminated. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

• Water hazards and wading in the rivers including drowning;
• Frozen water and ice hazards including injury or drowning;
• Hiking in rugged country;
• Injuries from fishing equipment and other participants;
• Encounters with wildlife, animals, and insects;
• Temperature extremes, inclement weather conditions, and unavailability of immediate medical attention in the wilderness in case of injury;
• Dehydration, altitude sickness/other issues associated with high altitude;
• Risks associated with driving, to/from fishing destination(s)

I understand that no guide service can guarantee absolute safety in wilderness environments, and I agree to assume responsibility for my own safety. I understand that I assume all responsibility for any negligence. I affirm that my general health is good and that I am not under a doctor’s care for any condition that might endanger the life or health of myself or others participating in this outdoor activity. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF FWI WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.

I expressly assume the risks of personal injury, death and property damage set forth above and waive any claims based on negligence or breach of warranty I might assert on my own behalf against Fish With Ike Ltd. its officers, directors, employees and agents for personal injuries, death and/or property damage sustained while participating in guided fishing with FWI.

Fish With Ike Ltd. (FWI) reserves the right to use any photograph/video taken during a Adventure Travel or Guide Trip or Event sponsored by FWI, without the expressed written permission of those included within the photograph/video. FWI may use the photograph/video in publications or other media material produced, used or contracted by FWI including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian. A person attending a FWI trip/event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, and/or contact FWI at 27140 SUNSET LN, STEAMBOAT, CO 80487, in writing of his/her intentions and include a photograph. FWI will use the photo for identification purposes and will hold it in confidence. By participating in a FWI trip/event or by failing to notify FWI, in writing, your desire to not have your photograph used by FWI, you are agreeing to release, defend, hold harmless and indemnify FWI from any and all claims involving the use of your picture or likeness. Any person or organization not affiliated with FWI may not use, copy, alter or modify FWI photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from FWI.

Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS FWI, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys\’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of FWI or from some other cause. I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue FWI as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of FWI.

Cancellation and Refund Policy: Guests may cancel their trip up to 72 hours before pre-scheduled trip departure time without penalty. Trips cancelled less than 72 hours before pre-scheduled departure time will receive half of trip cost refund. Trips cancelled less than 36 hours before trip will receive no refund.

I ACKNOWLEDGE I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this agreement on behalf of myself (and/or my minor children). My signature on this document indicates that I have read the entire document, understand it completely and agree to be bound by its terms.

Regulatory Information: Section 12-55/5-105(I)(c) and 1(d), C.R.S. requires outfitters to be bonded and requires an outfitter to possess the minimum level of liability insurance. Fish With Ike Ltd. is insured through Cross Current Insurance and bonded with American Contractors Indemnity Company. Proof of bond and insurance is available upon request. The activities of outfitters are regulated by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies (DORA). Outfitter: OUT.0003563.